Ivana Bacik (Independent) | Oireachtas source

I thank the witnesses for giving us the benefit of their experience and expertise on these issues. The issue I wish to raise applies to several groups as it arose during our hearings this morning. It concerns the complex relationship between different bodies with various oversight roles. Mr. McGillicuddy expressed the view from the Bar Council that the reviews are somewhat fragmented and it would be better to have an overview somewhat like the Patten inquiry into policing as a whole. That is certainly what the Irish Council for Civil Liberties has been seeking.

We are tasked with looking to the 2005 Act and its provisions on oversight. One of our focus points, particularly since this morning, is the relationship between GSOC and the inspectorate. Mr. Olson and others may have views about this as well. If GSOC is given the strength and powers it seeks, and if we establish as intended an independent policing authority, is there any longer a role for a Garda Inspectorate? Should the functions of the inspectorate be assigned to a body that would effectively be an amalgamation of the two? It is interesting that today the inspectorate is seeking the sort of powers also being sought by GSOC, including PULSE access, the power to initiate investigations and so on. The ACJRD has also indicated that GSOC needs power to deal with systemic problems. This arose earlier when indicated by the representatives of GSOC in the context of an issue arising regarding the neglect of supervisory duties, as highlighted by the Guerin report where probationary gardaí were not given adequate supervision or management. Is this a matter for GSOC or the inspectorate? Which is the more appropriate body to investigate and what is the best mechanism for this in the review of the Act?

The question is long-winded but what is the best way to bring about a good oversight mechanism that can oversee the sort of systemic failures that are not specific breaches of discipline or allegations of misconduct? Should there be two beefed-up entities involving the inspectorate and GSOC, along with an independent policing authority? Should there be one entity with unfettered PULSE access and power to initiate its own investigations?